ATLAS DIE CASTING, INC. v. LENDINO


49 A.D.2d 917 (1975)

Atlas Die Casting, Inc., Appellant, v. Nicholas C. Lendino, Doing Business as Progressive Indicator Corporation, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 20, 1975


Order reversed, on the facts, without costs, and judgment of the District Court reinstated.

Whether Lendino signed the contract with plaintiff as an individual or as an officer of the corporate defendant presented a question of fact, the resolution of which depended on the credibility of the opposing witnesses. In such a case, the decision of the trier of the facts is entitled to the greatest weight (see Amend v Hurley...

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